When you’re hit by a drunk driver, you’re not dealing with a normal car accident. Most car accident cases are about carelessness. But drunk driving is about a conscious decision to do something clearly against the law. That distinction opens the door to additional types of compensation and a different legal strategy altogether.
You might be wondering:
- What you’re entitled to
- How long the process takes
- Whether the other driver’s criminal case will impact yours
- Whether you need to go to court
We’ll walk you through all of it. And if you’re facing mounting bills, time off work, and questions about what to do next, we’ll help with that too.
At North Atlanta Injury Law, our Milton drunk driving accident lawyer takes care of the legal process so you can focus on healing. We explain your options clearly, manage the paperwork and deadlines, and build your claim using every legal tool available under Georgia law.
If you’re ready to talk to someone about your case, call us directly at (770)988-4000. There’s no charge for the consultation.
Milton Drunk Driving Accident Guide
- Why Choose North Atlanta Injury Law for Your Case?
- What Compensation Is Available After a Drunk Driving Accident in Milton?
- Drunk Driving Accidents in Milton and North Fulton County
- The Legal Aspects of a Drunk Driving Claim
- How We Handle the At-Fault Driver’s Insurance Company
- What Should You Be Doing From Home to Protect Your Claim?
- Frequently Asked Questions for a Milton Drunk Driving Accident Lawyer
- North Atlanta Injury Law Is Ready to Help
Why Choose North Atlanta Injury Law for Your Case?
When you are looking for legal guidance, you need a firm with a proven history of handling cases like yours. At North Atlanta Injury Law, our practice is dedicated to representing individuals and families who have been harmed by negligence.
- A Record of Holding Negligent Parties Accountable: We have years of experience in personal injury law, taking on large insurance companies and corporations. Our work has resulted in significant outcomes for our clients, including a landmark $43.5 million wrongful death verdict in Floyd County, Georgia.
- Recognized by Peers and Clients: Our founder, Travis Little, has held an “AV – Preeminent” peer rating from Martindale-Hubbell since 2014, the highest possible rating for legal ability and ethical standards. He also maintains a perfect 10.0 rating on Avvo, reflecting our clients’ satisfaction with our representation.
- Direct, Personalized Attention: We are not a high-volume firm. We intentionally limit our caseload to ensure every client receives the direct attention and dedicated resources their case requires. You will work directly with our legal team from start to finish.
- No Win, No Fee Guarantee: We handle drunk driving accident cases on a contingency fee basis. This means you pay no upfront costs, and we only collect a fee if we successfully recover compensation for you.
- Free Case Review: We offer a no-obligation, free consultation to discuss your case. This allows you to understand your legal options and make an informed decision without any financial pressure.
What Compensation Is Available After a Drunk Driving Accident in Milton?
The goal of a personal injury claim is to provide financial stability after an accident disrupts your life. In a Georgia drunk driving case, compensation is typically divided into three categories.
- Economic Damages: These are the tangible, calculable financial losses you have incurred. Think of them as reimbursement for any expense caused by the accident. This includes:
- All medical bills—past, present, and future
- Lost wages and income from being unable to work
- Diminished earning capacity if your injuries impact your career long-term
- Property damage to your vehicle
- Rehabilitation and physical therapy costs
- Non-Economic Damages: These damages address the intangible, human cost of the accident. They compensate for the ways the collision has rewritten your life, including:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Punitive Damages: This is a key distinction in drunk driving cases. Punitive damages are not meant to compensate you for a loss but to punish the drunk driver for their reckless behavior and deter others from making the same dangerous choice. Under Georgia law, the typical $250,000 cap on punitive damages does not apply to cases involving a driver impaired by alcohol or drugs. This allows a jury to award a higher amount to reflect the severity of the driver’s misconduct.
How Is a Value Placed on Pain and Suffering?
Putting a dollar amount on pain is a difficult but necessary part of any injury claim. There is no simple formula. Instead, we build a case that tells the complete story of your injuries. We present evidence to the insurance company or a jury that shows exactly how the accident has impacted your day-to-day existence.
To do this, we gather documentation such as:
- Medical Records: These documents outline the severity of your physical injuries, the treatment you’ve received, and the prognosis for your future recovery.
- Testimony from Your Doctor: Your physician can explain the nature of your injuries and the pain they would be expected to cause.
- Your Personal Journal: As we’ll discuss later, a journal detailing your daily struggles, pain levels, and missed activities provides a powerful, first-hand account of your suffering.
- Photographs and Videos: Visual evidence of your injuries and the recovery process can be very persuasive.
Ultimately, the goal is to show a clear picture of your life before the accident and contrast it with your life now, demonstrating the true human cost of the driver’s negligence.
How Can Georgia’s Fault Laws Affect Your Claim?
Georgia follows a “modified comparative fault” rule. This legal concept, found in O.C.G.A. § 51-12-33, means that your compensation may be reduced by your percentage of fault for the accident. For example, if you were found to be 10% at fault, your final award would be reduced by 10%. However, if you are found to be 50% or more at fault, you are barred from recovering any compensation at all. An insurance company may try to argue you were partially to blame to reduce what they have to pay. Our role is to build a case that clearly shows the drunk driver was responsible for your injuries.
Drunk Driving Accidents in Milton and North Fulton County
While Milton is known for its quiet, suburban character, its proximity to major thoroughfares means it is not immune to the dangers of impaired driving. Fulton County consistently ranks among the top counties in Georgia for alcohol-related traffic fatalities.
- A Statewide Problem with Local Impact: In one recent year, around 28% of all traffic fatalities in the US involved a driver with a blood alcohol concentration (BAC) of .08 or higher. That translates to hundreds of lives lost annually across the state due to impaired driving, and Fulton County is one of the areas most affected by this trend.
- Dangerous Intersections: High-traffic areas and complex intersections can become hotspots for accidents, especially when a driver’s judgment is impaired. While any road can be dangerous, some intersections in and around the Milton/Alpharetta area require extra caution:
- Highway 9 and Bethany Bend: The City of Milton has identified this as one of its busiest and most dangerous intersections, with a historically high number of accidents.
- Hembree Road and Alpharetta Highway (Highway 9): This intersection near North Fulton Hospital is considered one of the most hazardous in Fulton County.
- Old Milton Parkway & North Point Parkway: A known high-traffic area in nearby Alpharetta that sees frequent collisions.
Impaired driving accidents can happen anywhere, but they are frequently seen on major roads like GA-400, Highway 9, and Windward Parkway, particularly during evenings, weekends, and holidays.
The Legal Aspects of a Drunk Driving Claim
A drunk driving accident claim involves unique legal elements that are not present in a typical car wreck case. Our team understands how to handle these specific issues.
- Negligence Per Se: In most personal injury cases, you must prove the other party was negligent. However, when a driver is charged with a DUI, a legal principle called “negligence per se” may apply. This means their violation of the DUI law (O.C.G.A. §40-6-391) can be used as direct evidence of their negligence in your civil claim. Simply put, because they broke a public safety law, they are presumed to have acted negligently.
- Georgia’s Dram Shop Act: Sometimes, the driver is not the only responsible party. Georgia’s Dram Shop Act (O.C.G.A. § 51-1-40) allows you to hold a bar, restaurant, or social host liable if they served alcohol to someone who was “noticeably intoxicated” and they knew, or should have known, that person would soon be driving. Proving this requires a thorough investigation into evidence like receipts, surveillance footage, and witness statements, which we are prepared to conduct.
- The Statute of Limitations: In Georgia, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is established by O.C.G.A. § 9-3-33. If you miss this window, you lose your right to seek compensation forever. It is important to begin the process well before the deadline to allow time for a proper investigation.
How We Handle the At-Fault Driver’s Insurance Company
After an accident, the at-fault driver’s insurance company will likely contact you. It is important to remember that insurance companies are businesses. Their responsibility to their shareholders requires them to balance paying claims with maintaining profitability.
Here are some things to be aware of:
- Requests for a Recorded Statement: An adjuster may ask you to provide a recorded statement about the accident. You are not obligated to do this. These statements can be used to find inconsistencies in your story or to get you to say something that could be interpreted as admitting partial fault. Instead of giving a statement, refer them to your attorney.
- Premature Settlement Offers: Some insurers might make a quick settlement offer before the full extent of your injuries is known. It may seem like a lot of money at first, but it may not cover future medical treatments, long-term lost wages, or the full scope of your pain and suffering. Accepting an early offer closes your case for good.
- Attempts to Shift Blame: The insurer will conduct its own investigation. They will look for any evidence to argue that you were partially at fault for the collision, which, as mentioned earlier, could reduce or eliminate your ability to recover compensation under Georgia’s comparative fault rule.
Our team takes over all communication with the insurance company. We present them with a well-documented claim that demonstrates the full value of your losses and protects you from tactics designed to weaken your case.
What Should You Be Doing From Home to Protect Your Claim?
While we handle the legal work, there are several things you can do from home to help strengthen your case.
- Follow Your Doctor’s Treatment Plan: Attend all medical appointments, physical therapy sessions, and follow-up visits. This not only helps your physical recovery but also creates an official record of your injuries and the treatment required.
- Keep a Journal: Write down your daily experiences. Note your pain levels, any physical limitations, and how the injuries are affecting your daily life—from missing family events to difficulty with simple tasks. This journal can be a powerful tool for demonstrating your non-economic damages.
- Track All Expenses: Keep every receipt and bill related to the accident. This includes medical co-pays, prescription costs, and even mileage for trips to the doctor. These documents help us calculate your economic damages accurately.
- Stay Off Social Media: Avoid posting pictures, videos, or comments about the accident or your recovery. Insurance companies frequently monitor social media accounts, looking for anything that could be used to argue your injuries are not as severe as you claim.
Frequently Asked Questions for a Milton Drunk Driving Accident Lawyer
What if the drunk driver who hit me fled the scene?
This is a hit-and-run, which is a separate crime. Your own insurance policy may provide coverage through your Uninsured/Underinsured Motorist (UM/UIM) benefits. We’ll help you file a claim with your own insurer and will work with law enforcement as they investigate to identify the driver.
How does the driver’s criminal DUI case affect my civil claim?
The criminal case and your civil claim are two separate proceedings. The district attorney prosecutes the criminal case to punish the driver, while your civil claim seeks to compensate you for your losses. A guilty plea or conviction in the criminal case can be powerful evidence in your favor.
However, even if the driver is found “not guilty” in criminal court, you can still win your civil case because it has a lower burden of proof.
If a loved one was killed in the accident, can I file a lawsuit?
Yes. In Georgia, certain surviving family members (such as a spouse, children, or parents) can file a wrongful death lawsuit to recover damages for the full value of the deceased person’s life. This includes both economic components, like lost future income, and non-economic components, like the loss of their care and companionship.
Will my own car insurance rates go up if I file a claim?
Filing a claim against the at-fault driver’s insurance should not impact your rates. If you need to use your own UM/UIM coverage because the other driver was uninsured or fled, Georgia law generally prohibits insurers from raising your rates for an accident that was not your fault.
Do I have to go to court to get compensation?
Not necessarily. Many drunk driving accident claims are settled out of court through negotiations with the insurance company. We prepare every case as if it will go to trial, which puts us in a strong negotiating position. If the insurance company refuses to make a fair offer, we are fully prepared to take your case before a jury.
North Atlanta Injury Law Is Ready to Help
You didn’t choose to be hit by a drunk driver, but you can choose what happens next. Georgia law gives you options, and we’ll walk you through them step by step.
We regularly represent clients in Milton and across North Fulton. Our experienced Milton personal injury lawyer knows the local roads, the courts, and the real toll these crashes take.
If you’re ready to talk, we’re ready to listen. Call us at (770)988-4000. You don’t need to prepare anything. Just tell us what happened and we’ll take it from there.
North Atlanta Injury Law PC – Milton Office
Address: 12610 Crabapple Road Suite 201 Milton, GA 30004
Contact No: (770)988-4000
